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  • sriramkalyan
    09-15 05:39 PM
    Hoo .. i am not attacking illegals .. i just ENVY them ... Powerful senators & congress men are after them ..


    What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.

    IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.





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  • dtekkedil
    07-02 11:52 PM
    The Honorable Emilio T. Gonzalez
    Director U.S. Citizenship and Immigration Service


    20 Massachusetts Avenue, NW
    Washington, D.C. 20529





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  • bishwas123
    03-14 05:34 PM
    Hello everyone,

    My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?

    Please any suggestions would be greatly appreciated

    Thank you.





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  • chanduv23
    10-09 03:15 PM
    Fromnaija and ChanduV-

    I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.

    U can definitely lead till then :), I may also be moving out of Tri State - nature of job is like that.

    Lets find more people.

    We need people to come out of their closets and start getting active



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  • vipatel3
    10-17 03:56 PM
    Hello Friends,

    I have not received my 485 and 140 , filing receipts . The documenst were mailed on 30 july to Texas Center. Anyone have any idea which the best way to get information on waiting time.





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  • dotsndots
    05-06 02:55 AM
    Folks,

    I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.

    Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

    On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?

    Just get ready for an in person interview at local office.



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  • dpp
    01-07 08:25 PM
    B. Provisions in Cases of Revocation of the Approved Form I-140

    Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

    As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.





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  • frostrated
    08-10 10:09 AM
    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.

    140 is on your name and not your wife's. You do not have to show that you are trying to apply for GC. Your sponsorship for your wife is coming from your status as a H1B. IT does not matter how many times you do COS. What matters is the last status you hold, which is H4. B1 to F1 might be an issue, but you dont have to worry about it as your are H4 to F1.

    If college is only providing I-20, no problem. Once you get the I-20, you can apply for COS yourself. You will need to provide a copy of the I-20, ability to pay for at least the first year's of study (bank statements and a letter from the bank, your salary slips as the sponsor, a letter from your employer that you are employed by them and the pay that you are getting - dont need to have skill set like in an employment verification letter), a letter from your wife requesting transfer of status to F1 and the letter should also state that she intends to return to her country of residence (India in your case) at the completion of her studies. Make sure you do not mention about any GC related info. The moment you mention that, it raises a flag and might involve the issuance of a 221(g) - intention to immigrate to the US. A student visa is a non-immigrant intent visa and not a dual-intent visa like a H1B.

    If you have any questions, send me a PM and we can discuss.



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  • anu_t
    07-16 02:46 PM
    I haved studied a lot on this topic. I'm no expert, But I think it is not possible.
    You have to apply for new labour for new position. I know , it is unfortunate but what can one do..........
    (I was myself in the simillar situation. And when I talked with my lawyer this is what he told me. New Job with new duties- new labour.)





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  • buehler
    07-06 10:03 AM
    I thought that Kaiser was only for Western States. Is it there for other places also?



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  • a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.





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  • xu1
    09-12 07:08 PM
    -----------

    I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
    You have to be on a payroll to maintain your status.
    This needs probably more insight..

    I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.

    Please ask your (company's) lawyear..



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  • amoljak
    05-21 09:04 AM
    b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy.

    Yes it is a violation. But guess what, USCIS asked me to send color copies of all the pages of my passport, approval notices and I-94 in one RFE. I spent a while trying to convince the law-abiding staples clerk that "the government" asked me to make copies. She kept pointing me to a document that clearly stated that it was illegal and they were told not to do it. Finally she agreed to look the other way, while I made copies in a self service copier.





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  • arnab221
    06-22 04:46 AM
    I fail to understand one fundamental statement "We do not have numbers for CIR THIS YEAR" . If they do not have the numbers this year , how will they have magically have numbers the next year and year after that and what hope are the 12 million illegals and 1 million legals sitting on ?

    1) The people will not change , not will their opinions over the next 1 year .

    2) The Hispanics will not flood into their constituencies in 1 years or even in 5 years and make them change their opinions .

    3) What has economy , Iran or energy or healthcare got to do with immigration reform ?

    3a) Are they are saying they are so busy is solving these issues that they do not have the time for CIR ? I can at least buy this "No time" logic .

    3b) But just because you pretend to be engrossed in solving all the these world problems , why will you not vote for CIR . Either you support CIR or you do not . Why will not vote for CIR if there are other issues this year and will vote if you have no issues next year is beyond my understanding .



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  • abracadabra
    06-15 01:43 PM
    It is law that he has to give the experience letter from previous employer





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  • cool_desi_gc
    11-14 10:14 PM
    My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.



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  • Rayyan
    07-22 08:31 PM
    Hi,
    I don't have surname in my Passport my full name is given in " Given Names".
    so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
    IS it ok ? or does it create any problems while I go for visa stamping/interview.
    If I cannot put NA then what do I put in Surname column on D-156 and D-157.
    Thanks





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  • hary536
    05-20 03:51 PM
    Hi, Thanks for the reply.
    In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
    So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.

    Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
    file an amendment? If yes, which H1B or LCA or both?

    Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    ________________________
    Not a legal advice
    US citizen of Indian origin





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  • bhasky25
    10-11 03:56 PM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.





    nixstor
    10-30 04:30 PM
    sss2000,

    Most of the major airlines require 15000 to 25000 miles for flying inside the continental US. Thanks for digging through the threads and making an offer. Just make sure you use your skymiles number on delta and with delta's partners. If you are going out on an international trip that will get you there faster. Their credit cards offer 20,000 bonus miles initially. check delta's and partners websites.





    sankap
    07-30 03:26 PM
    Do you get the FP notice by email or snail mail?



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